European Convention on Mutual Assistance in Criminal Matters: Motion
Seanad Éireann — 2025-12-16
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Jim O'Callaghan (FF), Dublin Bay South

Ar dtús, gabhaim buíochas leis na Seanadóirí. I thank the Senators for their contributions. I acknowledge the points that were raised by Senators Gallagher and Kelleher. They are obviously very much in agreement with the proposal.
I also want to deal with the point raised by Senator Ryan. It is an interesting point as to whether, when it comes to Protocol 21 opt-in, we should opt in under Article 3 or Article 4. As I have stated previously, I think there is a significant advantage to opting in under Article 3. The reason for that is that we get an opportunity, if we opt in under Article 3, to try to mould the ultimate outcome of the legal instrument. Our national position would carry significantly more weight in the negotiations on the final measures to be adopted. The benefit of opting in under Article 3 is that we are part of the negotiations and we can mould the outcome or the final version of the legal instrument. If we opt in under Article 4, we do it after the event. The instrument will have been negotiated and finalised. We will not be able to change it and it will be very much take it or leave it.
I am conscious of the fact as well that if I did it by Article 4, we would probably vote to go into it because the Government has a majority. In regard to Article 3, there is a big benefit in opting in under that article because it gives me and Ireland the opportunity to direct the legal instrument in the area we want to go. That, in some respects, answers some of the concerns that Senator Ruane highlighted in her contribution. It is preferable, if we are trying to ensure the legal instrument follows principles that are important in an Irish legal context, that we should opt in under Article 3.
Senator Ruane also asked about how this is going to align with and work alongside the criminal justice (international co-operation office) Bill. As she indicated, that Bill is in the process of being drafted. It is for the purpose of transposing the EU e-evidence package. It allows authorities in one EU member state to issue an order to produce electronic evidence needed for a criminal investigation to an online service provider based in another EU member state. The e-evidence package will regulate this practice and apply the same rules to all online service providers across the EU, providing legal certainty and clarity for businesses and law enforcement.
Ultimately, down the road, when it is fully transposed, I will establish by commencement order an international co-operation office. That will be the place where people from other EU countries come for the purpose of ensuring the EU e-evidence package can be complied with. I have not yet made a decision in respect of whether that needs to be the office, if there is an office required for the purpose of what we are trying to transpose and opt into at present.
Senator Ruane also mentioned human rights and constitutional concerns in respect of the third protocol we are opting into. The third additional protocol explicitly reaffirms commitment to human rights, rule of law and democratic safeguards. All co-operation remains subject to Irish constitutional protections, the ECHR, domestic judicial oversight and data protection law. The third protocol explicitly reaffirms that all co-operation in criminal matters must respect the rights guaranteed under the European Convention on Human Rights. These protections are directly aligned with the rights already embedded in Irish law. Any personal data transferred under a mutual assistance request may only be used for the specific criminal justice purpose for which it was sought. It cannot be used for unrelated investigations or shared onward without the express consent of the state that provided it. That is a central safeguard of the protocol and it is fully compatible with the principles of purpose limitation and controlled access that already apply in Irish legislation.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2025-12-16/debate/main
Retrieved: 2026-08-14T04:54:28+00:00
Sitting date: 2025-12-16